Wait, the FTC Regulates Me Now? What Small Business Owners Need to Know About the Safeguards Rule

If you’re a small business owner in Upstate New York, you probably don’t think federal regulations from the Federal Trade Commission apply to you—especially not ones that sound like they’re meant for banks or Wall Street firms. But the FTC’s Safeguards Rule, updated in recent years, does exactly that. It quietly expanded who counts as a “financial institution,” and now it includes many small businesses that have no idea they’re affected.

The Safeguards Rule isn’t just for big finance companies. If your business offers or facilitates financing—even as part of a sale—you may be considered a financial institution under this rule.

Some examples:

  • Car dealerships that offer financing or leases
  • Tax preparation firms
  • Mortgage brokers
  • Check-cashing services or payday lenders
  • Any business pulling credit reports, storing financial data, or offering loans

The key point is this: if your business handles customer financial data, you may fall under this regulation, even if you don’t think of yourself as being in “finance.”

The Safeguards Rule says that businesses handling sensitive financial data must develop, implement, and maintain a written information security program. It should be based on a risk assessment and tailored to your size and complexity.

Here are the key requirements:

  • Appoint someone to oversee your security program
    Doesn’t need to be a full-time role, but someone must be accountable.
  • Conduct a formal risk assessment
    This identifies what data you collect, how it’s stored, where it’s vulnerable, and what you’re doing (or not doing) to protect it.
  • Implement security controls like:
    • Enforcing multi-factor authentication (MFA)
    • Encrypting sensitive data at rest and in transit
    • Limiting access to sensitive information
    • Keeping an up-to-date inventory of where customer data lives
    • Training your staff on basic cybersecurity practices
  • Test and monitor your safeguards regularly
  • Vet your third-party vendors and ensure they meet security standards
  • Have an incident response plan in place in case of a breach
  • Review and update the program as threats and your business evolve

The Safeguards Rule isn’t something that typically leads to surprise audits—until something goes wrong. And that’s where the real risk lies. A breach can mean fines, lawsuits, loss of customer trust, and operational downtime. Even if the FTC never knocks on your door, a breach could still do enough damage to put you out of business.

As a small business owner, you already have enough on your plate. The last thing you want is to invite the FTC into the mix because your network wasn’t secure or your staff clicked the wrong email.

The first step toward compliance is getting a professional cybersecurity risk assessment. It’s not something that can be done properly by someone without IT experience. If you have internal IT, great—they can own the process. But many small businesses don’t, and that’s where outside help becomes essential.

At Guardicloud, we offer one-time assessments that give you a clear picture of your current status, your risks, and exactly what to do about them. Even if you’re not ready for a full ongoing contract, we can help you get on the right track and protect your business.

This rule isn’t going away—and it’s not just about compliance. It’s about protecting your customers, your data, and your future. If you’re handling sensitive financial information, now’s the time to take a closer look.

Let us know if you’d like help with a risk assessment or just want to talk through your situation. No pressure—just honest guidance.